Publication of the 19th and 20th ATP by the European Commission

Published 
October 26, 2023

What are the new ATPs?

On July 11, 2023, the European Commission published in the Official Journal, the 19th and 20th ATP (Adaptation to Technical and Scientific Progress), amending Annex VI of CLP (Classification, Labeling and Packaging of Substances and Mixtures), regulations no. 2023/1434 and no. 2023/1435.

  • Regulation 2023/1435 amends certain entries in Table 3 of Annex VI to CLP by revising the harmonized classifications of boron compounds (boric acid, diboron trioxide, disodium tetraboron heptaoxide hydrate, disodium tetraborate anhydrous, orthoboric acid sodium salt, disodium tetraborate decahydrate and disodium tetraborate pentahydrate) and 2-ethylhexanoic acid (2-EHA) and its salts.
  • Regulation 2023/1434 introduces new notes X, 11 and 12 to Part 1, Section 1.1.3 of Annex VI of CLP to provide clearer guidance:
  1. Notes 11 and 12 concerning the consideration of hazard additivity for reproductive toxicity.
  2. Notes X (applicable to 2-EHA, but may be extended to other substances in the future). It specifies that classification is based solely on the hazardous properties of the structural part common to the substances. Substances covered by this annotation must therefore be classified by users to take account of the hazards associated with the other structural elements.

Note X :

"The classification for the hazard class(es) in this entry is based solely on the hazardous properties of the part of the substance which is common to all the substances in the entry. The hazardous properties of any substance in the entry also depend on the properties of the part of the substance which is not common to all the substances in the group. These must be assessed to determine whether a more stringent classification(s) (i.e. a higher category) or a broader scope of the same classification (further differentiation, target organs and/or hazard statements) can be applied to the hazard class(es) of the entry."

Note 11 :

"Classification of mixtures as toxic for reproduction is required if the sum of the concentrations of the various boron compounds classified as toxic for reproduction in the mixture as placed on the market is ≥ 0.3%."

Note 12 :

"Classification of mixtures as toxic for reproduction is necessary if the sum of the concentrations of the individual substances covered by this entry in the mixture as placed on the market is equal to or greater than the generic concentration limit applicable for the category assigned, or a specific concentration limit indicated in this entry."

ATP 19 and 20 come into force

ATP 19 will come fully into force on July 31, 2023 (mandatory application of article 1 of ATP 20), and ATP 20 can be applied from July 31, 2023, but will be mandatory from February 1, 2025.

The temporality between these two ATPs, and the reason why 2 ATPs were published at the same time, can be explained by the fact that ATP 19 introduced 3 new notes and ATP 20 introduced 4 new entries in the CLP Harmonized Classification table (CLH). These 3 notes must be applied to the 4 new entries from July 31, 2023, but the inclusion of the 4 new substances in the CLH will be mandatory from February 1, 2025.

To sum up, the notes in ATP 19 apply to substances in CLH via ATP 20. And ATP 20 can be taken into account without obligation from July 31, 2023, but will become mandatory on February 1, 2025.

These amendments will have a significant impact on the chemical industry. Companies producing, importing or using chemicals will have to adapt to the new classifications and annotations. Compliance with these regulations is essential to ensure worker safety, environmental protection and legal compliance.

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